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(영문) 창원지방법원 2015.09.15 2015나1844
손해배상(기)
Text

1. Of the judgment of the court of first instance, the defendant shall pay to the plaintiff KRW 16,400,000 as well as the period from September 5, 2012 to September 15, 2015.

Reasons

1. Facts of recognition;

A. The status of the party is the owner of the land and the building of the sandbrid Panel (hereinafter referred to as the “Plaintiff’s building”) in Kimhae-si, the Plaintiff is the owner of the land and the building of the above ground steel structure department (hereinafter referred to as the “party’s building”). The Defendant leased the instant plant to the owner of the Plaintiff’s land, Kimhae-si, Kimhae-si, the building of the steel structure and sandbdry department roof department (hereinafter referred to as the “instant factory”) from E, the owner of which is the “F” from December 202.

B. On September 5, 2012, when the fire occurred, at around 17:40, when G and H, an employee of the Defendant in the instant factory, performed large-scale assembly work, a fire occurred in the vicinity of the place where the electric strings and cutting machines were stored (hereinafter “instant fire”). Accordingly, the instant factory was relocated, and the Plaintiff’s building was partially destroyed if the instant fire was relocated to the Plaintiff’s building.

C. 1) The instant plant was built of the sandd position panel structure before and after the point of time of the instant fire occurrence. The inside of the instant plant was a flammable material, machinery, raw materials (i.e., plastic products), etc. inside the factory. In particular, the machinery, such as cutting machines, fish tanks, and fish powder removal devices, were placed at narrow intervals in the vicinity of the electric location stuffs, and the raw materials were stored near the electric location stuffs.

B) At the time of the occurrence of the instant fire, the cutting machine was completely cut, and the inside part of the powder was completely destroyed. The distribution line at the bottom of the cutting machine was in the state of external salting, and the melting melting was observed in the distribution line that was cut on the upper part of the cutting machine, even though it was not identified but was cut on the upper part of the cutting machine. C) The fire extinguishing machine was installed in the factory of this case, but no separate fire-fighting systems or fire alarm devices were installed.

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